[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38764-38765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15553]



[[Page 38764]]

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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Amended Complaint; Solicitation of Comments 
Relating to the Public Interest

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received an amended complaint entitled Certain Light-
Based Physiological Measurement Devices and Components Thereof, DN 
3554; the Commission is soliciting comments on any public interest 
issues raised by the amended complaint or complainant's filing pursuant 
to the Commission's Rules of Practice and Procedure.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's Electronic Document 
Information System (EDIS) at https://edis.usitc.gov. For help accessing 
EDIS, please email <a href="/cdn-cgi/l/email-protection#8fcacbc6dcbcc7eae3ffcffafce6fbeca1e8e0f9"><span class="__cf_email__" data-cfemail="8dc8c9c4debec5e8e1fdcdf8fee4f9eea3eae2fb">[email protected]</span></a>.
    General information concerning the Commission may also be obtained 
by accessing its internet server at United States International Trade 
Commission (USITC) at https://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (EDIS) at https://edis.usitc.gov. Hearing-impaired 
persons are advised that information on this matter can be obtained by 
contacting the Commission's TDD terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission has received an amended 
complaint and a submission pursuant to Sec.  210.8(b) of the 
Commission's Rules of Practice and Procedure filed on behalf of Masimo 
Corporation and Cercacor Laboratories, Inc. on July 12, 2021. The 
original complaint was filed on June 30, 2021 and a notice of receipt 
of complaint; solicitation of comments relating to the public interest 
published in the Federal Register on July 6, 2021. The amended 
complaint alleges violations of section 337 of the Tariff Act of 1930 
(19 U.S.C. 1337) in the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain light-based physiological measurement devices 
and components thereof. The amended complaint names as respondent: 
Apple Inc. of Cupertino, CA. The complaint and amended complaint allege 
infringement of certain claims of U.S. Patent No. U.S. Patent No. 
10,912,501 (``the '501 Patent''); U.S. Patent No. 10,912,502 (``the 
'502 Patent''); U.S. Patent No. 10,945,648 (``the '648 Patent''); U.S. 
Patent No. 10,687,745 (``the '745 Patent''); and U.S. Patent No. 
7,761,127 (``the '127 Patent'') (collectively, ``the Asserted 
Patents''). The asserted claims of the `502 patent include claim 19. 
However, a certificate of correction was issued for claim 19 on July 6, 
2021, by the United States Patent and Trademark Office, and the amended 
complaint reflects changes to the allegations relating to that claim. 
The complainant requests that the Commission issue an exclusion order, 
a cease and desist order, and impose a bond upon respondent alleged 
infringing articles during the 60-day Presidential review period 
pursuant to 19 U.S.C. 1337(j).
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments on any public interest issues 
raised by the amended complaint or Sec.  210.8(b) filing. Comments 
should address whether issuance of the relief specifically requested by 
the complainant in this investigation would affect the public health 
and welfare in the United States, competitive conditions in the United 
States economy, the production of like or directly competitive articles 
in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the requested 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the requested remedial orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the requested exclusion order and/or a 
cease and desist order within a commercially reasonable time; and
    (v) explain how the requested remedial orders would impact United 
States consumers.
    Written submissions on the public interest must be filed no later 
than by close of business, eight calendar days after the date of 
publication of this notice in the Federal Register. There will be 
further opportunities for comment on the public interest after the 
issuance of any final initial determination in this investigation. Any 
written submissions on other issues must also be filed by no later than 
the close of business, eight calendar days after publication of this 
notice in the Federal Register. Complainant may file replies to any 
written submissions no later than three calendar days after the date on 
which any initial submissions were due. No other submissions will be 
accepted, unless requested by the Commission. Any submissions and 
replies filed in response to this Notice are limited to five (5) pages 
in length, inclusive of attachments.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above. Submissions 
should refer to the docket number (``Docket No. 3554'') in a prominent 
place on the cover page and/or the first page. (See Handbook for 
Electronic Filing Procedures, Electronic Filing Procedures \1\). Please 
note the Secretary's Office will accept only electronic filings during 
this time. Filings must be made through the Commission's Electronic 
Document Information System (EDIS, https://edis.usitc.gov.) No in-
person paper-based filings or paper copies of any electronic filings 
will be accepted until further notice. Persons with questions regarding 
filing should contact the Secretary at <a href="/cdn-cgi/l/email-protection#81c4c5c8d2b2c9e4edf1c1f4f2e8f5e2afe6eef7"><span class="__cf_email__" data-cfemail="6623222f35552e030a162613150f120548010910">[email protected]</span></a>.
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    \1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.
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    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the

[[Page 38765]]

programs, personnel, and operations of the Commission including under 5 
U.S.C. appendix 3; or (ii) by U.S. government employees and contract 
personnel,\2\ solely for cybersecurity purposes. All nonconfidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.\3\
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    \2\ All contract personnel will sign appropriate nondisclosure 
agreements.
    \3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
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    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of Sec. Sec.  
201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure 
(19 CFR 201.10, 210.8(c)).

    By order of the Commission.

    Issued: July 16, 2021.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2021-15553 Filed 7-21-21; 8:45 am]
BILLING CODE 7020-02-P


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